1 2025:CGHC:21506 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2644 of 2025 1 - Deepak Sahu S/o Birsingh Sahu Aged About 21 Years R/o Village Sinesilli, Police Station Gobara Navapara, District Raipur Chhattisgarh. ... Applicant(s) versus 1 - State of Chhattisgarh Through The Station House Officer, Police Station Rakhi, District Raipur Chhattisgarh. ... Non-applicant(s) For Applicant(s) : Ms. Ritika Verma, Advocate. For Non-applicant(s) : Ms. Prabha Sharma, Panel Lawyer. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 08/05/2025 1. Pursuant to the order dated 04.04.2025, the parents of the victim appeared through virtual mode from DLSA, Raipur and raised objection in granting bail to the applicant, their objection is taken on record. 2. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 12.10.2024 in connection with Crime No. 216/2024 registered at Police Station Rakhi, District Raipur (C.G.) for the offence under Section 137(2), 87, 64(1), of Bharatiya Nyaya Sanhita, 2023 and Section 4 of the Protection of Children from Sexual Offences Act, 2012. 2 3. The case of the prosecution is that on 10.10.2024 the father of the victim lodged lodged a missing report that his minor daughter is missing since 09.10.2024 and her whereabouts could not be traced out. The FIR under Section 137(2) of BNS, 2023 has been registered and the police started investigation. During the investigation the victim recovered on 12.10.2024 from the possession of the applicant from his village Sonesili and after recording her statement the other offences of Section 87 and 64(1) of BNS, 2023 and Section 4(1) of POCSO Act, have been added. The applicant has been arrested on 12.10.2024 and chare-sheet has been filed. 4. Learned counsel for the applicant would submit that the victim being the major girl having love affair with the applicant she on her own will eloped with him and engaged in making consensual physical relation, she has not made any complaint to anyone in between that period. From her 183 of BNSS, 2023 statement also her consent is reflected. The applicant is in jail since 12.10.2024, the final adjudication of the case will take its own time, therefore, he may be enlarged on bail. 5. On the other hand, learned counsel for the State opposes and have submitted that from the material collected during the investigation the victim appears to be minor and she was subjected to sexual intercourse by the applicant, therefore, he is not entitled for bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the submissions made by learned counsel for the parties, considering the nature of allegation and the material collected during the investigation, further considering the age of the victim and her 183 BNSS, 2023 statement and further that the applicant is in jail since 12.10.2024 and final adjudication of the case will take its own time, I am inclined to release the applicant on bail. 8. Consequently, the bail application filed by the applicant Deepak Sahu for grant of regular bail is hereby allowed. It is directed that the applicant shall be 3 released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, on following conditions:- (i) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (ii) He shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) He shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial unless their personal presence is exempted by the trial Court. Sd/- (Ravindra Kumar Agrawal) Judge Alok ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.05.09 20:07:51 +0530